Construction disputes often involve alleged defects. A customer or client may claim that there are serious defects in the building that need to be rectified or that significantly impact its financial value. The construction company or contractor may counter by saying there aren’t any defects and that they have completed the job to the expected level of quality. Just because the client is unhappy with some aspect of the project doesn’t necessarily mean it is a defect.
It can be difficult to sort this out and gather evidence of these alleged defects. There are two main types to be aware of, known as patent and latent defects. The type of defect can significantly alter the case.
What is the difference?
The difference lies in how clear and obvious the defect is. A patent defect is something that is readily apparent. For example, the customer might claim that the contractor installed the wrong flooring or the wrong type of cabinets. They may also claim that certain systems, such as plumbing or electrical, don’t work or have significant issues during use. Patent defects are generally easy to document and the property owner will bring them up relatively quickly.
On the other hand, a latent defect is something that is hidden and may only become apparent at a later date. For instance, some of the electrical wiring may have been connected incorrectly, increasing the risk of a fire. Since the defect is hidden in the walls or ceiling, the homeowner may not immediately know there’s a problem. These defects are much harder to document, and these cases can become complex – especially if the defect is only discovered years after the project has been completed.
If you’re involved in a dispute, it’s essential to understand your legal options.
